Mercer v Patel

Tenant wins · Brampton · 2024-06-24

Adjudicator

Sandra Macchione

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

M.P.

Tenant

L.M., B.B.W., J.M.

Landlord rep

Savitha Ramapriyan

What happened

Tenants applied for an order determining that the Landlord gave an N12 notice of termination in bad faith. The Landlord served an N12 notice requiring possession of the rental unit for his child, and the Tenants vacated the unit on August 2, 2022. The Tenants alleged that no person referred to in subsection 48(1) of the Act occupied the rental unit within a reasonable time after they vacated, and that the Landlord served the N12 notice in bad faith.

The ruling

The Tenant proved the Landlord served the N12 notice in bad faith, as no person referred to in subsection 48(1) occupied the rental unit within a reasonable time after the Tenants vacated. The Landlord must pay the Tenant $10,103.80, which includes a rent abatement of $55.80 and $10,000.00 in general compensation.